Términos y condiciones
1. GENERAL CONDITIONS.
This document establishes the general terms and conditions (the “Terms and Conditions”) that will be applicable to the users (the “Users”) of the digital and computer platform (the “Platform”) whose ownership corresponds to MUTARE LIFE, INC ( referred to as “Mutare”), as well as the access and use of the website located at the URL electronic address www.mutarelife.com (the “Website”), and any portal, development and/or additional or auxiliary programs that, directly or indirectly, use Mutare to provide its services (all referred to together with the Platform and the Website as the "Digital Media").
In this instrument, Mutare may be referred to, indistinctly, as the "Company" or "we"; likewise, the phrases "our" or "us" shall be understood to refer to Mutare. The Terms and Conditions may also be referred to, interchangeably, as the Contract, the "present document" or the "present instrument".
These Terms and Conditions are addressed to the users of the Platform, and they are applicable and binding at all times that they have the quality of users, and are directed exclusively to users who are in the territory of the Republic of Panama ("Panama"). All natural persons who register or access or use the Platform, through any device or computer, will be referred to as "Users".
2. ACCEPTANCE.
These Terms and Conditions will be displayed in front of the User for their express acceptance, which will be done by electronic means and by filling in and/or marking the acceptance boxes expressly enabled in the Digital Media for that purpose.
The Users declare and guarantee that, prior to the direct or indirect use of any of the Digital Media, they have expressly accepted each and every one of the provisions contained and provided for in these Terms and Conditions, as well as the corresponding subjection to them, in terms of the preceding paragraph. In the event that the Company does not have proof of the prior acceptance of any User of the provisions of this instrument, the Service will not be enabled.
In the event that Users for any reason do not wish to be bound by the exact Terms and Conditions established in this Contract, or if they do not agree with all or part of the provisions contained herein, they must refrain from making any registration and use the Digital Media and, where appropriate, to use the Services, in addition to immediately abandoning any Digital Media that they are using or have used or where they have registered. Mutare will guarantee the right of Users to revoke their consent regarding the acceptance of this instrument, in which case it will suffice for the User himself to communicate it to the Company's Service and Support Center.
Clients who access the Digital Media without having created a user account will only be able to browse the Website. However, any use of the Digital Media will have the effect that this instrument is tacitly accepted by the User, despite the fact that their respective account has not been created.
In addition to the Legal Conditions, those other general and/or particular conditions that they subscribe to in relation to the use of certain resources and/or content made available to them on the web or in the mobile application will apply to Users. In the event of a conflict between these Legal Conditions and other conditions specified for a specific area or service of the Platform, these will prevail in relation to the use of or access to that area or service of the Platform. Likewise, in case of contradiction between any particular and general conditions, the particular ones will prevail.
The set of terms and conditions resulting from the Legal Conditions and the various general and specific conditions applicable to each User in relation to the service will be called the " Contractual Relationship " .
3. WHAT DOES MUTARELIFE CONSIST OF?
“ MUTARELIFE ” is an online platform, accessible through the MUTARELIFE web portal (www.mutarelife.com), owned by MUTARELIFE (the “ Platform ”), which is made available to both (i) Internet users interested in sharing In this way, their concerns and interests with facilitators to obtain holistic assistance services from them (" Clients "); and ( ii ) credentialed professionals who wish to offer their services to Clients (the “ Facilitators ”), so that they can establish contact with each other and can manage their professional relationship through the communication functions available on the Platform (the “ Communications "). The Clients and the facilitators will be jointly referred to as the “ User/s ”.
4. DEFINITIONS.
For better clarity of what is expressed in this instrument, we will use defined terms. For the purposes of this Contract, the terms that appear defined in capital letters and that have not been defined differently in various sections of this document, will have the meaning attributed below:
a) Balance: It is the amount of money effectively generated by the Facilitator through the payment of sessions by the client.
b) Calendar/Appointment Agenda: It is a tool to manage the work calendar of a Facilitator, which includes allowing the Client to book a visit with the Facilitator contacted through the Platform.
c) Credential(s): document(s) issued by a third party indicating that studies were completed on a given topic, theme, matter .
d) Client: corresponds to the type of user who accesses the Platform for the purpose of contacting and scheduling appointments with Facilitators.
e) Communications: communication functions available on the Platform through technical means to host and enable communication between users.
f) Commission: is the percentage that Mutare charges Facilitators for making the Platform available so that they can provide the service. This percentage is equivalent to 30% of the value of the session.
g) Collection management cost: it is the percentage that Mutare charges Facilitators for managing the collection from Clients through the Mutare platform. This cost is equivalent to 5 % of the net value.
h) Available: is the amount of money that corresponds to the Facilitator for the provision of the Service. This value is the result of subtracting the Balance minus the Commission minus the Cost of collection management. When the money is available, it may be requested for withdrawal by the Facilitator.
i) Facilitator: professionals with credentials who wish to offer their services to customers.
j) HIPPA: The Health Insurance Portability and Accountability Act, commonly known as the HIPAA law, was passed by the United States Congress in 1996. It establishes Standards to protect certain personal health-related information in United States.
k) Membership: annual payment made by the Facilitator to be able to use the Platform. This payment is $250 (two hundred and fifty 00/100) US dollars.
l) Profile: a set of information about a Client or a Facilitator located on the Website in the form of a subpage with a unique URL address. In the case of the Client, the profile does not have any cost to register on the Website, in the case of the Facilitator there is an annual cost associated with the creation of the account.
m) Platform: in this context it means the Website (www.mutarelife.com), which the User accesses to make use of the service provided by Mutare.
n) Users: any person who accesses the Platform to use or not the Service provided by Mutare. The Clients and the facilitators will be jointly referred to as the “User/s”.
o) Session(s): online service contracted and paid for by a Client to be provided in their favor by a Facilitator, through the Mutare platform using Communications.
p) Net value: it is the result of subtracting the value of the session minus the Commission.
q) Session value: is the price established by the Facilitator to provide the Service. This value appears in the profile of each Facilitator, and is what the Client must pay to access the Service.
5. IMPORTANT WARNINGS REGARDING THE RESPONSIBLE USE OF COMMUNICATIONS AND, IN GENERAL, OF THE PLATFORM.
Clients must differentiate (i) the services provided by Facilitators to Clients through Communications, from ( ii ) the services provided by Mutare:
- The sessions are offered and provided exclusively by the Facilitators, on their own account and in their own name, and not by Mutare.
- For its part, Mutare exclusively makes available to Internet users, Clients and Facilitators, the technical means to host and make communication between users possible, and to facilitate and manage, on behalf of and on behalf of the Facilitator, the collection of sessions.
Therefore, only the Facilitators are responsible for any claim by the Clients or third parties in relation to the Session or the performance of the Facilitators in general. Mutare is, therefore, completely unrelated to the provision of the Sessions by the Facilitators or their performance.
Additionally, Communications must be used by Clients and Facilitators exclusively for the purpose of managing communication between them. This implies that they will not be able to use them for any medical activity nor for those tasks of diagnosis, treatment or monitoring of pathologies or psychological problems that require qualifications that do not occur in the Facilitators or in face-to-face therapy. The online contact for holistic guidance that is offered through the Mutare is not, in any case, equivalent or substitute for face-to-face therapy. When this is necessary, the Client and the Facilitator must refrain from using the Platform.
Therefore, THE COMMUNICATIONS ARE NOT INTENDED FOR MEDICAL DIAGNOSIS, PRESCRIPTION OF MEDICINES, OR FOR THE PROVISION OF PSYCHOLOGY SERVICES THAT REQUIRE PERSONAL CONTACT BETWEEN CLIENT AND FACILITATOR.
IF YOU ARE SEEKING OR NEED SUCH MEDICAL SERVICES OR PSYCHOLOGICAL CARE WHICH REQUIRES PERSONAL CONTACT (FOR EXAMPLE, IF YOU BELIEVE YOUR MENTAL OR PHYSICAL HEALTH IS AT RISK, THINKING ABOUT SUICIDE, OR IF YOU MAY ACT IN WAY PUT YOUR HEALTH OR THAT OF THIRD PARTIES AT RISK OR UNDERSTAND THAT ANY OTHER PERSON MAY BE IN DANGER; OR IF YOU HAVE ANY MEDICAL, PSYCHOLOGICAL OR PSYCHIATRIC EMERGENCY) YOU SHOULD REFRAIN FROM USING THE PLATFORM AND IMMEDIATELY CONTACT A MEDICAL CENTER OR AN EMERGENCY
SERVICE .
Users must be of legal age and have full legal capacity to use the Platform. The use of the Platform by minors is expressly prohibited .
6. USERS.
The Platform has two (2) categories of Users, namely: (i) Clients; and ( ii ) Facilitators. Users must register on the Platform, accessing it through the Website, in order to obtain an account and an access password (the "User Account"). The registration must be made through the form that is addressed to the particular category of User in question.
Users must provide the corresponding personal information in all fields, with valid, accurate and truthful data. Users are obliged to keep the aforementioned personal information updated at all times. Mutare reserves the right to request, at any time, certain information or documentation from Users in order to verify the veracity of the information provided, as well as to temporarily suspend User Accounts whose information could not be verified, or those accounts deemed to have been created for fraudulent purposes.
The collection, treatment and purpose of the use of personal data will be governed by what is established in this regard in these Legal Conditions, as well as in the Privacy Policy of the Platform and the Cookies Policy. Likewise, the personal data of the Users will be processed by the Facilitators for the purposes included in the document "Informed consent and Privacy Policy", shared by the Facilitator once the provision of services with the Client has begun. It will be understood and presumed that the personal data included by Users to be able to use the Communications services have been entered directly by the User, and that, therefore, they will be solely responsible for their veracity or inaccuracy.
Registration on the Platform through the website www.mutarelife.com is necessary to be able to receive the Communications service, as well as, where appropriate, to browse and enjoy certain functionalities in the different sections of the website.
All Users declare that they have the capacity to contract, in accordance with the applicable legislation in their respective domiciles. Only people who are of legal age, that is, eighteen (18) years of age at the time of registering on the Platform, may request the authorization of a User Account.
Users will be responsible at all times for the custody of their password, consequently assuming any damages that may arise from its improper use, as well as from the assignment, disclosure or loss of it. Likewise, it is strictly prohibited for Users to share their password or allow access to their User Account to any third party. In the event of forgetting the password or any other circumstance that poses a risk of access and/or use by unauthorized third parties, the User will immediately notify the Mutare Service and Support Center, so that it can proceed immediately . to blocking and replacing it. The User acknowledges the personal and non-transferable nature of the password, which will remain in their custody or care, for which reason the User will be exclusively responsible for any damage or loss that could be a consequence of its improper use.
Likewise, Mutare will not be responsible for third-party platforms, in which case, you will have to take into account the legal and privacy conditions applicable to such platforms, for the operation of which Mutare is not responsible.
7. SERVICE AND CONTENT.
The purpose of the Mutare Platform is to put Clients in contact with Facilitators. The foregoing, through the creation and management of a directory that allows Clients who access Digital Media to find Facilitators who can support them in their holistic personal work (the “Service”).
The Service is limited to facilitating contact between Users, therefore, it does not imply that Mutare entrusts Facilitators, nor that Mutare verifies the suitability or technical capacity of the Facilitators or that it does any documentary research to certify the knowledge of the Facilitators.
Users, specifically Facilitators, may upload various content (the "Content") to the Mutare Platform through their User Account (eg photographs, curriculum vitae, professional certifications, among others). Mutare does not guarantee the veracity or reliability of the Contents.
The Contents published or shared by Users may be visible to members and visitors of the Mutare Website. When there is the possibility of establishing a configuration, we will respect the options that the User chooses about who can see the content or information (for example, share the content only with subscribers, restrict the visibility of the User's profile in search engines or opt not to notify or publicize the data by any means).
The consent of the User will be required in case of granting other people the right to publish their Contents. However, if the User decides to share their information, we will allow search engines to display such content on their servers.
The Users grant Mutare a non-exclusive, unlimited in time, royalty-free license to use the Contents for the purposes related to the provision of the Service.
The Service is free for Customers. The Facilitators to create their profile must pay a single annual cost (“the Membership”)
The payment of this Membership will grant the Facilitators who acquire it a series of benefits that will be found broken down on the Website and that are part of the Service. The considerations applicable to the Membership will be published on the Website and will be applied monthly. Payments are made through digital means.
8. SCOPE OF SERVICE.
With regard to Users in general, the service is limited to the following:
- Allow Users to publish information and opinions about Facilitators cataloged by categories.
- Provide a search engine for Users.
- Offer Users the possibility of asking questions or queries to the Facilitators.
- Offer Users the possibility of chatting with Facilitators.
- Allow Facilitators to get feedback from Clients and answer questions.
- Provide Clients with an appointment booking tool with the Facilitators who have made this possibility available.
- Publish a rating corresponding to the Facilitators based on the opinions formulated by the Clients.
- Allow Clients to write opinions regarding the independent professional services that have been provided to them by the Facilitators.
With regard to Facilitators, the Service also includes the following functionalities:
- Have access to an online appointment schedule that allows, among other things, the following: (i) publish an availability calendar for professional appointments, through the Visits Calendar; ( ii ) manage appointments with Clients and offer access to a virtual agenda; ( iii ) video call software with HIPPA law protection ( iv ) encourage customers to issue opinions and ratings about the professional in question; and (v) allow Clients to book appointments through Digital Media, twenty-four (24) hours a day.
- Carry out the positioning of the professional's Profile in Internet search engines, as well as on the Mutare Website.
- That the Clients describe to the Facilitators, through the Platform, the description of a personal sensation that specifically motivates the request for an appointment with the Facilitator.
- The other functionalities that are expressly included in the Website at the time the Facilitator contracts their Membership.
9. TERMS OF SERVICE.
In order to access the Website owned by Mutare, the following technical conditions must be met:
- Have internet access.
- Have an Internet browser installed, which can be one of the following: Firefox, Chrome, Safari, IE, Opera, updated to the latest version.
Clients may book an appointment with Facilitators, subject to verification of cell phone number and email address. The client will receive a payment confirmation email, along with (i) the data of the session that they reserve, ( ii ) the payment data, ( iii ) instructions on how to qualify the facilitator and the obligation, and ( iv ) the session cancellation conditions.
If applicable, the Service can only be carried out if the Client has previously accepted Mutare's Privacy Notice, and specifically, if they have given express consent regarding the processing of their sensitive personal data.
Mutare will not be responsible to the Facilitators for the fact that the Client does not show up at the agreed time, reserved through the Visit Calendar. Neither will Mutare be responsible to the Client for the impossibility of meeting the appointment reserved by the visit calendar for reasons attributable to the Facilitators. If it is necessary to cancel the visit, the interested parties must cancel the reservation through the Communications (ie internal chat).
10. ONLINE SESSION
Mutare only provides the digital tools to Facilitators to provide online attention to Users via Chat or Video call and is at no time responsible for the attention that the Client receives during the session. Mutare will limit itself to being a provider of intermediation services for hosting and linking to content (mainly, Communications).
Through this service, the Client can only receive guidance, which in no case will be considered a diagnosis by the Facilitator.
The veracity of the information and content provided during the online session is the sole responsibility of the User. Mutare does not exercise any control or supervision of third party content. In this sense, Mutare has no obligation to review content uploaded or published on the Platform by Users and the communications between them. The contents uploaded or published by Users, including Communications, are created, hosted, and shared by Users. For all this, Mutare does not assume any responsibility with respect to them. The provisions of this paragraph shall be understood without prejudice to the procedures for detection and removal of content provided below.
You exonerate Mutare from any responsibility in relation to your participation in the sessions or the use of the content created by other Users, including any act or omission of the Facilitators or Clients. We make no representations or warranties about any User Content or Communications.
The means of online attention is through encrypted video call under the standards of HIPPA laws. To access the Service, the Client must pay for the session with the selected Facilitator through the payment methods offered in Mutare (ie credit card, PayPal, Payoneer ) .
Each Service payment corresponds to the contracting of one (1) single session service via video call. Refunds will only be made in case of not receiving the contracted care and with prior authorization from the Facilitator.
The Client's relationship with the Facilitator is direct and exclusive between them without any participation by Mutare, which does not validate or control it. Therefore, You must maintain the corresponding level of care, attention and diligence. Additionally, since the purpose of the Platform is not to offer or provide medical services or advice, you must go to medical professionals, and not to the Platform, in case you need them or for any mental pathology, psychiatric or physical The Facilitator's advice is not and cannot be equivalent to or substitute for medical advice. Finally, you must be aware that the services offered by the Facilitators through the Sessions are neither a substitute nor, in any case, equivalent to a face-to-face session with a Therapist. You must assess the advantages and disadvantages of using an online platform through the Communications to obtain the services of the Facilitators and decide if they suit your needs or not.
When a Facilitator recommends the Client to seek emergency help, going to a hospital, health center, specialist doctor or similar, and the Client does not comply with said recommendation, it will not be the responsibility of Mutare or the Facilitator who has assisted him online.
As with any service, there are potential risks associated with the use of digital platforms. These risks are expressly accepted by the User, which include, among others, the following:
- Cases in which the information transmitted may not be sufficient (for example, poor resolution of the images).
- Failures in electronic equipment which cause delays in the session. In these cases, another type of communication between the parties can be carried out through the internal chat of the Platform.
- Although electronic systems incorporate software and network security protocols to protect the privacy and security of information, in rare cases, the security protocols could fail, causing a breach of the privacy of personal health information.
11. EXCLUSION OF OBLIGATIONS AND GUARANTEES FOR THE PROVISION OF THE PLATFORM
In relation to the service that Mutare provides to Users (that is, made available to the Platform to facilitate contact between Clients and Facilitators) and which are different from the services of the Facilitators to Clients, Mutare assumes only the contractual obligations provided for in these Terms and Conditions, and does not provide any guarantee to Clients.
In particular, Mutare declines all responsibility for, among others:
- The acts or omissions of the Facilitators, who are solely responsible for them. In this sense, you must review the warnings made in section 5 of these Legal Conditions.
- The correct, continuous or uninterrupted operation of the website, which Mutare may terminate at any time at its discretion without prejudice to respect for the contractual commitments specifically assumed in exchange for financial consideration and under specific conditions other than these Legal Conditions. In the same way, Mutare does not guarantee the compatibility of the website with the Users' access devices, be they computers, browsers, mobile devices or any other type.
- The accuracy of the ads or sponsored content on the web, being responsible for the advertiser or sponsor.
- The adequacy of the Platform to the needs or expectations of the Users.
- The level of satisfaction, quality of life, profit or profitability or the absence of losses or damages as a consequence of the use by the Users of the Platform.
- The veracity, accuracy and validity of the data corresponding to the Users.
- The solvency, technical, commercial, moral or financial reliability of the Users.
- The legality, accuracy, veracity, and validity of what is stated by the Users in the Communications or on the web, including the Facilitators.
- The conclusion, good purpose or regularity of the contracts or agreements agreed between the Clients and the Facilitators.
- The adequate storage, preservation or non-loss of the contents or manifestations of the Users in the Sessions or on the Platform.
- The impossibility of accessing the website, the existence of vices and defects of all kinds of the contents transmitted, disseminated, stored, made available to those who have accessed through the web or the services offered.
The presence of viruses or other elements in the contents that may cause alterations in computer systems, electronic documents or User data.
Failure to comply with the laws, good faith, public order, traffic uses and this legal notice as a result of incorrect use of the Platform. In particular, and by way of example, Mutare is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy and one's own image, protection of personal data , as well as the regulations on unfair competition and illegal advertising.
Any responsibility regarding the information that is outside the Platform (ie, the web). The function of the links that appear on the Platform is exclusively to inform the User about the existence of other sources capable of expanding the content offered through the Platform. Nor is the operation or accessibility of the linked sites guaranteed; Mutare does not suggest, invite or recommend a visit to them, so it will not be responsible for the result obtained.
Mutare is not responsible for the establishment of hyperlinks by third parties. The establishment of a hyperlink does not imply in any case the existence of relations between Mutare and the owner of the website in which it is established, nor the acceptance and approval by Mutare of its contents or services. Those people who intend to establish a hyperlink must previously request written authorization from Mutare. In any case, the hyperlink will only allow access to the home page of the website www.mutarelife.com . You must refrain from making false, inaccurate or incorrect statements or indications about Mutare, the Platform or any element derived from it or include illegal content, contrary to good customs and public order.
Mutare is not responsible for the use that each User gives to the materials made available on the web, nor for the actions carried out based on them.
THE SERVICES AND INFORMATION CONTAINED IN THE PLATFORM OF WHICH MUTARE IS THE ORGANIZER (IN other words, OTHER THAN THE COMMUNICATIONS) ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, SUCH AS THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES FOR ANY USE OF PERFORMANCE OR TRADE USAGE, WHICH ARE EXPRESSLY EXCLUDED. MUTARE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT A PARTICULAR TIME OR ON A PARTICULAR WEBSITE; (II) DEFECTS OR ERRORS ARE CORRECTED; (III) THE CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE RESULT OF THE USE OF THE SERVICES MEETS YOUR REQUIREMENTS. YOU SHOULD KNOW THAT YOU USE THE SERVICES AT YOUR OWN RISK.
12. PRICE THAT WILL BE PAID TO THE FACILITATORS BY THE CLIENTS FOR THE SESSIONS, AND MUTARE FOR THE PROVISION OF THE PLATFORM.
Mutare does not charge Clients for making the Platform available so that they may be interested in the Facilitators' services. However, Mutare may charge Clients for certain intermediation services provided to them, if applicable. In such a case, the Client will be duly informed in advance.
Mutare charges Facilitators a Commission for making the Platform available so that they can provide the service. This charge is deducted from the payment made by the Client for each session they contract. The facilitator will be able to verify these deductions from his profile through the (i) Balance and ( ii ) Available.
The price for the session services will be paid by the Clients to the Facilitators and will depend on the value assigned by each Facilitator. The prices of each session are published in the profile of each Facilitator, and must be accepted by the Client before accessing the sessions, notwithstanding that it may be modified later.
Mutare will act as collection agent for the amounts paid by the Clients to the Facilitators for their services, without this implying that Mutare assumes any responsibility towards the Clients for the Facilitators' services.
The price of the services of the Facilitators will be charged to the Clients at the time they reserve the time for the session. The payment system or gateway will be indicated on the Platform at all times and will be operated by a third party who will be, before you, solely responsible for its operation and the processing of your payment data (regardless of whether the gateway is accessible or not from the Platform). Please read that third party's terms before agreeing to use their payment system. In any case, its use will require an accepted, valid, legitimate and current payment method.
You should be aware that the issuer of certain payment methods may charge a foreign currency transaction fee or other fees. Please check with your payment method provider for details.
The non-payment of any due payment, whatever the cause, (including, insolvency, expiration, insufficient funds or for any other reason) will determine that Mutare may suspend your access to the platform and / or Sessions until you obtain a method of valid payment.
The Facilitator can suspend his subscription at any time, and will continue to have access to the Platform and/or the sessions until the end of the billed and paid period. We do not facilitate returns or split payments. The Facilitator must make the payment of the Membership through the payment methods offered in Mutare (ie credit card, PayPal, Payoneer )
The payment of the Available by Mutare to the facilitator will be made in US dollars, through:
- bank transfer to the account indicated by the Facilitator in his profile. In which case the Facilitator will be responsible for any commission generated as a result of said service. The facilitator being solely responsible for the expenses of currency exchange, payment of taxes and/or withholdings, collection procedures and/or payment processing expenses, and consequently the Facilitator authorizes MUTARE to make the respective discounts from the total commission.
- Payoneer account , to the account indicated by the Facilitator in his profile.
- Transfer to Paypal account , to the account indicated by the Facilitator in his profile.
The Facilitator accepts that both the Commission and the Collection Management Cost will be deducted by MUTARE from the value of the session and the net value, respectively, before proceeding to the payment of the Available.
The Facilitator accepts that when making the withdrawal request from Available, Mutare will carry out an accounting verification, and will proceed to transfer the money once the supporting Invoice is received by the Facilitator.
Mutare will proceed to return to the Client the amounts paid for the services of the Facilitators in the event that the Client exercises his right of withdrawal against the Facilitator and this is communicated to Mutare through the means available for this purpose on the Platform.
If what the Client intends is to completely cancel his session, he can do so in the "My profile" section. This cancellation can only be made with a minimum of 48 hours before the date of the session. The client will have 7 continuous days to reschedule this session, at no cost. The new date for the session may not exceed 30 continuous days from the date on which it is being scheduled. This cancellation and rescheduling process may be done up to two times at no cost. In the event that an appointment is canceled and not rescheduled, the Client loses the money.
Clients and Facilitators must take into account that Mutare can change the services offered through the Platform, cancel them, modify them or update their price when appropriate. The promotions and discounts in force at any time will be applied to the prices in accordance with the Particular Conditions of Promotions and Discounts available in the following paragraph.
13. SPECIAL CONDITIONS OF PROMOTIONS AND DISCOUNTS
Mutare reserves the right to freely offer any promotions or discounts in the terms and conditions that it deems appropriate at any time and reserves the right to modify, totally or partially, these Particular Conditions at any time.
Users may benefit from additional promotions (eg discount codes) agreed between Mutare and other entities. These promotions may be articulated through a discount or a refund, total or partial, of the amount paid by the Users to the Facilitators through the Platform.
14. DESCRIPTION OF OPINIONS AND QUESTIONS
This section lists the general guidelines that Mutare imposes for the publication of opinions and questions from customers:
- The opinions are provided with the signature (name) of the client.
- Opinions and information about Facilitators can only be applied to the professional activity of a Facilitator and are the sole responsibility of the client.
- Opinions and information about Facilitators may be based solely on the client's personal experience with a given Facilitator, and must be related to a session that has taken place.
- The client must make a qualification on a Facilitator. The rating should refer to your experience during the online session.
- It is not allowed to include advertising, marketing or related content in reviews. Linking to websites in reviews is also prohibited.
- It is strictly prohibited to publish opinions that may be considered pornographic, obscene, offensive and immoral.
- Any attempt to manipulate opinions, information and evaluations is prohibited.
- It is not allowed to make comments that are not truthful.
- The ratings are for internal use by Mutare, who will have the power to decide whether to make them public or keep them private.
The information, opinions and comments must not violate the rules of public order. In particular, the use of vulgar, offensive or abusive expressions in opinions, the use of nicknames, in reference to the private and family sphere, the accusation of committing a crime, the call for violence or racial, religious hatred is prohibited. or ethnic, or any other expression that results in offenses by or between Users. It is not allowed to add opinions with the purpose of defamating the Facilitator or that question the content published by the Facilitator on the Website or question the qualifications of the Facilitator.
By posting the opinion on the Website, the client declares that the opinion or comment issued by him is true and consistent with the current state of affairs.
Mutare has the right to refuse to publish (or, where appropriate, to delete) opinions, comments and information that are offensive, that affect the rights of third parties or that contravene this instrument. Mutare will also have the power to edit or moderate the content of the question.
Mutare is not responsible for the content of the information, opinions and comments provided by the various Users of the Platform.
By asking questions to a Facilitator, the client grants Mutare a non-exclusive, unlimited in time, royalty-free license to use the content of a question or its parts in the territory of the world for any lawful purposes, including marketing and commercial prospecting. . The deletion of the User Account does not affect the validity of the previous license.
The opinions and qualifications received by the Facilitators do not constitute a medical recommendation, nor can they be considered made by Mutare, since they come from the evaluation made by the clients. Therefore, the publication of said opinions and ratings does not imply that Mutare recommends Facilitators.
15. USE AND VERIFICATION OF FACILITATOR PROFILES
The use and verification of the Facilitator's User Accounts will be subject to the following guidelines:
15.1 Guidelines applicable to the User's profile
To create this profile, at least basic information about the user is required.
The basic information about the user includes: (i) name and surname; ( ii ) profile photo; ( iii ) email, and ( iv ) address.
A user can only have one profile, so for no reason is it allowed to create a common profile for several users. Duplicate profiles will be removed.
In profile fields marked with an appropriate comment, you may not put information other than the resulting comment. For the avoidance of doubt, only the first and last name of a given user can be entered in the field marked 'first and last name'. This rule applies to other fields, respectively.
Each User can create their profile or confirm the information contained in the profile previously created on the "Website". For this, it is necessary to register previously on the “Website”.
A User can only publish their own photo. It is forbidden to post images of other people, as well as all kinds of graphic works (for example, logos). It is allowed, due to the characteristics of the digital format, to retouch photographs, as long as it consists of applying a global correction, which improves the quality (for example, saturation, contrast). However, it is not allowed to use selective treatments to add or subtract elements, combine several photographs or change their original composition. It is also prohibited to publish photos of a pornographic, obscene, offensive, immoral or unprofessional nature.
By posting a photo on the Website, the User accepts that Mutare will process said image for the purposes of the Service. For more information, the Mutare Privacy Notice should be consulted.
Mutare has the right to request the User to rectify information that is deemed inaccurate.
15.2 Guidelines applicable to the profile of the User-Facilitator
To create this profile, at least basic information about the Facilitator is required.
The basic information about the Facilitator includes: (i) name and surname; ( ii ) profile photo; ( iii ) professional certifications; ( iv ) professional specialty(s); and (v) domicile.
A Facilitator can only have one profile, so for no reason is it allowed to create a common profile for several Facilitators. Duplicate profiles will be removed.
In profile fields marked with an appropriate comment, you may not put information other than the resulting comment. For the avoidance of doubt, only the first and last name of a given Facilitator may be entered in the field marked 'first and last name'. This rule applies to other fields, respectively.
The verification of the profiles is carried out based on the validation of the information provided by the Facilitators.
The Facilitator can choose, at any time, to subscribe to the Membership with the benefits that this entails.
Each Facilitator can create their profile or confirm the information contained in the previously created profile on the "Website". For this, it is necessary to register previously on the “Website”.
A Facilitator can only post their own photo. It is forbidden to post images of other people, as well as all kinds of graphic works (for example, logos). It is allowed, due to the characteristics of the digital format, to retouch photographs, as long as it consists of applying a global correction, which improves the quality (for example, saturation, contrast). However, it is not allowed to use selective treatments to add or subtract elements, combine several photographs or change their original composition. It is also prohibited to publish photos of a pornographic, obscene, offensive, immoral or unprofessional nature.
By posting a photo on the Website, the Facilitator accepts that Mutare will process said image for the purposes of the Service. For more information, the Mutare Privacy Notice should be consulted.
Mutare has the right to request the Facilitator to rectify information that is deemed inaccurate.
By posting the answer to the question on the Website, the Facilitator grants Mutare a non-exclusive, unlimited in time, royalty-free license to use the content of the question or its part in the territory of the whole world, for the purposes of disseminating said information, by any means or support. Deletion of an account by a Facilitator does not affect the validity of the previous license.
By answering a private question, the Facilitator allows "Mutare" to anonymize and moderate the response, as well as its inclusion and public presentation on the "Website".
Mutare has the right to validate, by itself or through third parties, the information and documentation provided by the Facilitator, solely for the purpose of confirming that they have the authorizations required for their professional practice. In the event that said information is false or inaccurate, Mutare may suspend the Facilitator's profile.
Mutare has no obligation to verify the credentials, qualifications or quality of the Facilitators (or, in general, of the Users) or of the services that the Facilitators provide to the Clients, although the Facilitators must provide Mutare with certain information necessary for its record, which will be kept by Mutare for these purposes only, Mutare does not exhaustively verify such information. You understand and are aware that the Facilitators are not employees, collaborators or representatives of Mutare, but are independent service providers, who use the Platform to provide their professional services to Clients and obtain remuneration for it. Manage your relationship with Facilitators independently and at your own discretion.
The Users accept that any legal action or civil responsibility that they intend to obtain due to acts or omissions of the Facilitators, Clients or other Users or third parties must be directed exclusively against them and not against Mutare. Both the Facilitator and the Client will compensate and hold Mutare harmless from any damages resulting from a claim, judicial or extrajudicial, by a User (Client or Facilitators) or third parties for any reason related to their conduct on the Platform. They will be beneficiaries of the previous obligation to indemnify, in addition to Mutare, its related entities, subsidiaries and their administrators, employees, collaborators and agents. The obligation to indemnify will include the expenses of representation and legal assistance and other legal or procedural expenses.
16. SERVICE AND SUPPORT CENTER
To make any request, complaint or report related to the Service, Users must contact the Company's Attention and Support Center, within a maximum period of five (5) calendar days after the event they wish to report or whose clarification they request.
Service and Support Center
Email: [email protected]
Notwithstanding the foregoing, Facilitators and Clients may and must report any irregularity or infraction that they detect in relation to other Users. In such case, Mutare may:
- Withdraw, cancel and/or report to the competent authorities any acts, omissions or content of the Users in the event that they are contrary to the Contractual Relationship, the Law or the rights of third parties, including intellectual, industrial, image, privacy and honor. The foregoing will include the power to disclose to the competent authorities and third parties that prove a legally protected legitimate interest the identification data (and other legally appropriate) of the Users foreseeably responsible for reported infringements, in accordance with data protection regulations. of a personal nature.
- Cancel the account of any User who has committed those acts or omissions or who is responsible for those contents.
- Mutare reserves the right to maintain or rehabilitate the content or an account if it is shown that your request has been false or abusive; and the power to cancel the account of the User who denounced abusively or the adoption of any other appropriate measure.
Mutare may adopt, at its sole decision and discretion, the measures it deems appropriate for the best functioning of the Platform and the greatest satisfaction of the Clients, including the establishment of restrictions, barriers or automatic measures to prevent conduct contrary to the Legal Conditions, without implying assumption of any responsibility for them.
The complaints of the Users must be sent, under their responsibility and commitment that the information provided is accurate and truthful, indicating the following points: (i) personal data that allows the identification and contact of the claimant; and ( ii ) specification of the alleged illegal activity carried out on the Platform and its justification, including, where appropriate, an indication of the rights infringed and the infringing acts, as well as their location on the Platform. These notifications must be sent to [email protected] and will indicate: "User Complaint". Mutare may make available to Users, if it so decides, other mechanisms to carry out these notifications.
17. USE OF DIGITAL MEDIA
Users undertake to make appropriate and lawful use of Digital Media, in accordance with applicable legislation, this instrument, morality and generally accepted good customs and public order.
In particular, they undertake to:
- Use it in your own name and for your own account, under your entire and sole responsibility and for personal purposes.
- Do not archive, download, reproduce, distribute, modify, display, execute, publish, license, create derivative works, put up for sale, or (except as expressly authorized in these Legal Conditions) use content or information contained in the service the Platform or obtained through it or on it.
- Not make inappropriate, illegal or fraudulent use of the Digital Media;
- Not access or attempt to access restricted or unauthorized resources within the Digital Media;
- Not to use the Digital Media for illicit or illegal ends or purposes, contrary to what is established in this instrument, harmful to the rights or interests of third parties, or that in any way may damage, disable or overload or prevent the normal use or enjoyment of the Service;
- Not cause damage to the Digital Media or to the systems of its providers or third parties;
- Do not disseminate criminal, violent, pornographic, racist, xenophobic, offensive content, advocating terrorism or, in general, contrary to law or public order.
- Not introduce computer viruses into the network or carry out actions that may alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of Mutare or third parties; as well as not hinder the access of other Users to the website and its services through the massive consumption of computer resources through which Mutare provides its services. In addition, You agree not to upload, post, email, or otherwise transmit any material designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment associated with the service provided through the Platform, such as for example computer viruses or other computer code, files or programs. We may terminate or restrict your use of the service if you violate these Legal Terms or if you engage in illegal or fraudulent use of the service.
- Do not try to access the accounts of other Users and/or restricted areas of the computer systems of Mutare or third parties or, where appropriate, extract information.
- Not to try, access, use and/or manipulate Mutare's data; third party providers and other Users;
- Not violate the rights of privacy, image, honor, privacy, data protection, intellectual or industrial property, as well as not violate the confidentiality of the information of Mutare or Users. In particular, the content of the Communications must be confidential for the Facilitators who will maintain the utmost confidentiality with respect to them, adopting the appropriate security measures.
- Not impersonate the identity of another User, of public administrations or of a third party.
- Do not reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the content available on the Platform or in any of the portals and mobile applications, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
- Do not collect data for advertising purposes and do not send advertising and communications for sales purposes or others of a commercial nature without your prior request or consent. All the contents of the Platform and in the mobile application, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to Mutare and cannot be understood as transferred to the User. none of the exploitation rights over them beyond what is strictly necessary for the correct use of the Platform.
- perform or attempt to reverse engineer, decompile or reverse compile, disassemble, list, print or display the software, firmware, middleware or any other part of the compiled or source code that makes up the Platform and any of its programs or components, or for any other means to obtain the source code or other proprietary information of the Digital Media.
Likewise, all trademarks, trade names or distinctive signs of any kind that appear on the Platform or in any of the portals and mobile applications that are owned by Mutare (or third parties with whom it has agreements), without being understood that the use or access to it attributes to the User any right over them. The distribution, modification, assignment or public communication of the contents and any other act that has not been expressly authorized by the owner of the exploitation rights are prohibited.
Likewise, it is strictly prohibited for the User to carry out "Fraudulent Operations" in Digital Media. For the purposes of this document, Fraudulent Operations shall be understood as any act carried out by Users to obtain profit or undue benefit, including but not limited to identity theft; the creation of false accounts or double user accounts; the entry of false financial or banking information, or previously stolen from third parties; collusion with any other User or with any Mutare personnel to carry out fraudulent conduct; and in general, any isolated or repeated act whose purpose is to deceive the Platform or the Company to obtain undue profit.
The User accepts that the availability and continuity of the operation of the Digital Media may be temporarily interrupted or suspended due to: (i) the lack of availability or accessibility to the Digital Media; ( ii ) interruption in the operation of Digital Media due to computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, in the Internet system or in other electronic systems, produced in the course of its operation; and ( iii ) other damages that may be caused by third parties through unauthorized interference beyond the control of the Company. The Company will make its best efforts to maintain the good and correct functioning of the Digital Media, as well as to mitigate the presence of viruses and / or other elements introduced to the Digital Media by third parties, it will also adopt various protection measures to protect the Digital Media against computer attacks by third parties. However, Users acknowledge that Digital Media may not be available due to technical difficulties, internet failures, affectations in telecommunications networks, or for any circumstance beyond the control of the Company.
18. PRIVACY
By signing or accepting these Terms and Conditions, Users declare that they have read and have expressly accepted Mutare's Privacy Policy, which is available to them on the Website. For more information on the processing of their personal data, Users should consult the Privacy Policy.
19. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Users acknowledge and accept that all intellectual and industrial property rights over the Digital Media and over all content and elements inserted in the Digital Media (including without limitation brands, logos, figures, trade names, texts, images, graphics, designs , sounds, databases, software, flowcharts, presentations, and audio and video elements) belong to Mutare (the “Intellectual Property”).
Mutare is the owner or, where appropriate, has the corresponding licenses on the rights to exploit the intellectual and industrial property of the " MutareLife " Platform and any of the web portals or mobile applications linked to it.
In no case will it be understood that the access, navigation and use of the Platform or web portals implies a waiver, transmission, license or total or partial assignment of said rights by Mutare. The User has a right to use the contents and/or services of the Platform within a scope strictly in the terms established in these Legal Conditions.
References to trademarks or registered trade names, or other distinctive signs, whether owned by Mutare or by third-party companies, implicitly prohibit their use without the consent of Mutare or its legitimate owners.
All intellectual and industrial property rights on the contents and/or services of the Platform of the linked website ( Mutarelife ) are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means. and in any way, all or part of its contents if you do not have the prior, express and written authorization of Mutare or, where appropriate, the owner of the corresponding rights.
In the event that the User sends, uploads or publishes content of any kind on the web (including through sessions), the User declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual property, industrial, trade secret or any other rights of third parties, and that said information is not confidential or harmful to third parties. The User assumes full responsibility for these acts, keeping Mutare harmless for any damage or loss suffered as a result, directly or indirectly, of them.
The contents that the User uploads or publishes on the web other than those exchanged through the Communications will be called " User Content " . In general, Mutare does not "use" the User Content. Mutare is limited to providing the technical means so that Users can create, host, make available, use and access this content. However, in certain circumstances and jurisdictions, it may be necessary or convenient for Mutare to have a license to provide the Services (hereinafter, the " Use for the Provision of the Service "). For this reason, the User authorizes Mutare to use, for the whole world and during its entire duration, all intellectual property rights (including those of reproduction, distribution, public communication or transformation), industrial property, image or any other relating to User Content on any known media (the " License for the Provision of the Service "). The License for the Provision of the Service will include, if necessary or convenient for this purpose, the Mutare faculty to create and exploit, with the same scope indicated in this paragraph, works derived from User Content. Apart from the foregoing, Mutare may carry out uses of the User Content with the sole purpose of demonstrating the operation of the Platform to promote it, to improve it or adapt it to the trends or tastes of the Users and in general to develop its business. (the " Own Use "). With the necessary or convenient scope to carry out the Own Use, the User authorizes Mutare to exploit, for everyone and during its entire legal term, all intellectual property rights (including those of reproduction, distribution, communication public or transformation), industrial property, image or any other related to the User Content provided by the User in any known media (the " License for Own Use " and together with the License for the Provision of the Service, the " Licenses " ).
The License for Own Use will include Mutare's right to create and exploit, with the same scope indicated in this paragraph, works derived from User Content. This Mutare right is granted on a non-exclusive, irrevocable, free, universal and fully sub-licensable basis . The License for the Provision of the Service also includes the power (but not the obligation) to keep a backup copy of said User Content in order to prove compliance with the legal obligations of Mutare or a User or to collaborate with public authorities for a maximum period corresponding to the prescription of legal obligations.
The removal of the User or the User Content will not affect the Own Use License, which may be exploited for the entire legal term of the rights related to them, always excepting the possibility of expressly revoking the authorization with respect to those very personal rights. in which the Law provides for this possibility (such as the right to the image of the User). The User guarantees Mutare that they have the necessary rights to grant the Licenses and that the use of the corresponding intellectual, industrial, image or nature property rights in accordance with the provisions does not imply a legal infringement, nor a violation of the rights of any kind of third party, nor breach of obligations contracted with third parties nor does it constitute unfair competition. In the event that there are doubts about the legality of the use of such User Content on the Platform, the portals linked to it, Mutare recommends Users to avoid using them.
Any use or exploitation of the Intellectual Property, which is not previously authorized by a legal representative of Mutare and in writing, will be sufficient reason to cancel the User's Account, without prejudice to the administrative, civil and criminal sanctions to which the user is creditor. offender.
20. RELATIONSHIP BETWEEN THE PARTIES
For the purposes of this Agreement, the Users and Mutare together are referred to as the "Parties". The Parties acknowledge that all of them are independent from each other, therefore they agree that the signing of these Terms and Conditions will be a contractual relationship of a private nature, without giving rise to said relationship being interpreted as a partnership or association between them.
21. CAUSE OF FORCE MAJEURE
Mutare will not be liable to the Users, in accordance with this instrument, in the event that the Digital Media cannot be used or the Service cannot be provided due to force majeure, including, but not limited to, fires, floods, hurricanes , storms, cyclones, earthquakes, earthquakes, telluric movements, strikes, wars, insurrections, riots, rebellions, closures, hacker cyber attacks, pandemics, acts of God or other causes of a similar or different nature.
22. ASSIGNMENT
Users may not assign their rights and obligations assumed by signing these Terms and Conditions, without the prior written consent of a legal representative of Mutare. For its part, Mutare may assign these Terms and Conditions to any third party that succeeds it in the exercise of its business or in which it assumes ownership of the Digital Media or that is within its same business group.
23. NOTICES.
Mutare may make the appropriate notifications through a general publication disseminated in the Digital Media, through a notice addressed to the email address provided by Users when registering their User Accounts or by notification by traditional mail addressed to the indicated address. by Users when registering their User Accounts. The User may notify Mutare by sending an email to the contact address indicated on the Website.
24. MODIFICATIONS.
These Terms and Conditions may be modified, added or reformed by Mutare, in which case the date of last modification of this instrument will be updated. The User expressly acknowledges Mutare's right to modify this Contract at any time, and must periodically consult the Terms and Conditions in force at any time.
In the event that the User does not agree with the modifications made to this Contract, the User may request Mutare to terminate it within thirty (30) calendar days after the notice, without any responsibility at his expense. It will be understood that the User accepts the modifications made to these Terms and Conditions if he requests the Service on a date after such modifications come into effect, or if after said period he has not exercised his right of revocation.
25. SUBSISTENCE.
In the event that any term, condition, section or provision contained in these Terms and Conditions is considered or could be considered void, invalid, illegal, prohibited or unenforceable in any jurisdiction, such term, condition, section or provision must be severed from this Agreement , without the foregoing implying the nullity or invalidity of the remaining terms or conditions. Mutare must replace the corresponding term, condition, section or provision, in accordance with the applicable regulations.
26. TERM.
These Terms and Conditions will be in force and will be obligatory and binding for all Users who have a User Account enabled in the Digital Media and do not request their withdrawal or cancellation.
27. LIABILITY OF MUTARE
By signing these Terms and Conditions, Users are notified about the scope of the Service, which is limited to and is limited to putting Facilitators in contact with Clients. Likewise, Clients have been sufficiently aware that Mutare does NOT recommend health professionals, nor does it verify their professional suitability, nor the authenticity of the documents that support their academic or professional history.
In this understanding, the Patients expressly waive and in the broadest terms permitted by current legislation to exercise any action, demand, complaint, claim or attempt any judicial or extrajudicial procedure against Mutare, derived or motivated by damages and / or damages (or even moral damages) that they may suffer due to the provision of professional services performed by the Facilitators, including but not limited to cases of negligence, malpractice, among others.
For their part, the Facilitators undertake to hold harmless and indemnify Mutare, as well as its partners, shareholders, investors, representatives, attorneys-in-fact, agents, legal advisers, service providers and employees for any expenses, damages and/or or damages (including reasonable attorneys' fees) suffered by the latter as a result of the filing of any complaint(s), lawsuit(s), litigation, inspection(s), verifications or in general, judicial, administrative or extrajudicial proceedings that are initiated against Mutare or the aforementioned persons.
In certain cases, Mutare allows clients to describe to the Facilitators the condition(s) that specifically motivate the request for an online session. Said functionality has the sole purpose of providing information in an indicative manner to the Facilitators, but it does not constitute the protection or creation of any clinical history, since it is isolated and precise data whose treatment will be subject to the provisions of the Privacy Policy. of the Company. In this sense, it is the sole and exclusive responsibility of the Facilitators to independently carry out any information file. Mutare does not assume responsibility for the veracity or reliability of the information contained in the sessions.
28. APPLICABLE LAW AND COMPETENT JURISDICTION
The Parties in this act strictly agree that this Contract will be governed and interpreted in accordance with the legislation in force in Panama, for which the Parties expressly and irrevocably waive any other legislation that may be applicable by virtue of their present or future domiciles or for any other reason or concept.
For any dispute related to the validity, interpretation and compliance with these Terms and Conditions, the Parties expressly and irrevocably agree and consent to submit exclusively to the jurisdiction of the competent courts and tribunals located in Panama City, and in this act expressly and unconditionally waive, in the broadest terms permitted by law, any other jurisdiction that may correspond to them by reason of their current or future domiciles or for any other reason.